The punishment sentenced by the court below against the defendant (the imprisonment of three years, the fine of one billion won, and the imprisonment of two million won per day) is too heavy.

In particular, it is unfair to set the conversion amount of fine per day of attracting a fine excessive, and the conversion amount of fine per day of attracting a conversion into 2 million won, and the detention period for a fine is too long.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to change the sentencing conditions. In full view of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too so excessive that its discretion exceeded the reasonable scope of discretion.

The custody of the Defendant is justifiable in accordance with the purport of Article 70(2) of the Criminal Act amended by Act No. 12575 on May 14, 2014 (where the fine to be declared is more than KRW 100,00 but less than KRW 500,000,000, more than 300,000,000, and more than KRW 500,000,00,000, or more than KRW 50,000,00,000).

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.